How is a claim rejected as anticipated?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To reject a claim as anticipated, the prior art reference must disclose every element of the claimed invention. The MPEP 2131 states:

To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation.

Furthermore, the Federal Circuit has clarified:

A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference. (Verdegaal Bros. v. Union Oil Co. of California)

This means that all elements of the claim must be present in a single reference for it to be considered anticipatory.